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Appeals Court Allows Trump Administration to Remove Special Counsel Hampton Dellinger

A federal appeals court ruled that President Trump can remove special counsel Hampton Dellinger while legal challenges regarding his firing continue.

Overview

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The U.S. Court of Appeals for the D.C. Circuit upheld President Trump's authority to dismiss Hampton Dellinger from the Office of Special Counsel despite a lower court's ruling. Dellinger, who was fighting his termination on grounds that it violated federal law governing special counsel removals, argues that his dismissal undermines whistleblower protections. As the legal battle unfolds, Dellinger may appeal to the U.S. Supreme Court. Meanwhile, he continues to advocate for reinstating over 5,000 federal employees terminated during the Trump administration's changes. Dellinger’s case is emblematic of the broader debate over presidential power and federal oversight.

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Analysis

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  • The U.S. Court of Appeals allowed the Trump administration to remove Hampton Dellinger from his position as head of the Office of Special Counsel while the legality of his firing is being debated.
  • The case has heightened discussions about the extent of presidential power in appointing and dismissing leaders of independent agencies within the federal government.
  • There is concern that allowing the president to fire the special counsel without cause would pose a threat to the protection of whistleblowers and their ability to report misconduct.

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Hampton Dellinger argued that his firing was unlawful because special counsels can only be removed for 'inefficiency, neglect of duty, or malfeasance in office,' according to federal law.

The Office of Special Counsel is responsible for protecting the federal workforce from illegal personnel actions, such as retaliation for whistleblowing. It investigates whistleblower claims, can pursue disciplinary action against employees who punish whistleblowers, and provides a channel for employees to disclose government wrongdoing.

A government panel ruled that more than 5,000 employees fired by the Trump administration at the U.S. Department of Agriculture should be reinstated. Dellinger has called on all federal agencies to rescind similar unlawful terminations.

Hampton Dellinger is likely to appeal to the U.S. Supreme Court following the appeals court's decision allowing his removal.

History

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